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Planning Investigations and Legal Background for Tough Interviews 167
Law or regulation What you can do
What the chattering classes say you cannot do How to do it
Official Secrets Act 1911 and 1989 You can, providing the information is not
You cannot obtain details of a person’s convictions required in connection with employment or
or other evidence from an official database continued employment.
Police Act 1998 and the Data Protection Act CORRECT. See above. You can ask under other
You cannot ask a person to produce a certificate of circumstances. When the Criminal Records
conviction during the recruitment process Bureau (see its Web site www crcb.gov.uk)
is operational, employers will have access to
Police and Criminal Evidence Act 1984 information that can be used to eliminate
If managers and auditors do not administer a unsuitable candidates
caution at the appropriate time, all interview
evidence will be inadmissible The need to caution is determined on a case
Auditors and others need to overtly tape record by case basis and only applies to criminal
interviews and follow police procedures proceedings. Each company should determine
who is ‘charged with the investigation of crime’
Prevention of Corruption Act 1906 and 1916 and whether or not they should administer a
Public Bodies Corrupt Practices Act 1889 caution and the procedure for tape recording
You cannot pay for confidential information
CORRECT. It is likely to amount to corruption
Privacy Act
You cannot ask personal questions There is no Privacy Act in the UK, although
smelly socks would argue that a combination of
Private Security Industry Act 2001 RIPA and the Data Protection Act achieves the
You must be an accredited investigator same objectives. They do not
You must hold the appropriate licence
You must be a member of a professional The Security Industry Board does not yet
organization operate
Protection from Harassment Act 1997 The targets should never detect that they are
You cannot carry out surveillance under surveillance. Thus harassment should not
be an issue
Public Interest Disclosure Act 1999
You must have a whistle blowing procedure Optional. See page [xref]
Regulation of Investigatory Powers Act You can, although public authorities must
You cannot tap your own computer and comply with codes of practice. Commercial
communications systems organizations should have equivalent
You cannot use intercepted material in evidence procedures, although this is not mandatory (see
You cannot obtain call log data page [xref])
You cannot search personal property on company
premises
You cannot carry out surveillance (intrusive or
otherwise)
You cannot use undercover investigators or
informants
You cannot use vehicle tracking equipment
